Ontario Energy Board Act, 1998

PART I GENERAL

1 (1) The Board, in carrying out its responsibilities under this or any other Act in relation to electricity, shall be guided by the following objectives: 1. To inform consumers and protect their interests with respect to prices and the adequacy, reliability and quality of electricity service. 1.1 Repealed: 2019, c. 6, Sched. 2, s. 1. 2. To promote economic efficiency and cost effectiveness in the generation, transmission, distribution, sale and demand management of electricity and to facilitate the maintenance of a financially viable electricity industry. 2.1 To regulate the electricity sector in a manner that supports economic growth, consistent with the policies of the Government of Ontario. 3. To promote electricity conservation and demand management in a manner consistent with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances…

2 The Board, in carrying out its responsibilities under this or any other Act in relation to gas, shall be guided by the following objectives: 1. To facilitate competition in the sale of gas to users. 2. To inform consumers and protect their interests with respect to prices and the reliability and quality of gas service. 3. To facilitate rational expansion of transmission and distribution systems. 4. To facilitate rational development and safe operation of gas storage. 5. To promote energy conservation and energy efficiency in accordance with the policies of the Government of Ontario, including having regard to the consumer’s economic circumstances. 5.1 To facilitate the maintenance of a financially viable gas industry for the transmission, distribution and storage of gas. 6. To promote communication within the gas industry. 1998, c. 15, Sched. B, s. 2; 2002, c. 23, s. 4 (2); 2003, c. 3,…

2.1 The Board, in exercising its powers and performing its duties under this or any other Act, shall be guided by the objective of facilitating the implementation of any directives issued under subsection 25.30 (2) of the Electricity Act, 1998. 2016, c. 10, Sched. 2, s. 12; 2024, c. 26, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 12 - 01/07/2016 2024, c. 26, Sched. 1, s. 7 - 04/12/2024

3 (1) In this Act, “affiliate”, with respect to a corporation, has the same meaning as in the Business Corporations Act; (“membre du même groupe”) “associate”, where used to indicate a relationship with any person, means, (a) any body corporate of which the person owns, directly or indirectly, voting securities carrying more than 50 per cent of the voting rights attached to all voting securities of the body corporate for the time being outstanding, (b) any partner of that person, (c) any trust or estate in which the person has a substantial beneficial interest or as to which the person serves as trustee or in a similar capacity, (d) any relative of the person, including the person’s spouse as defined in the Business Corporations Act, where the relative has the same home as the person, or (e) any relative of the spouse, as defined in the Business Corporations Act, of the person, where the…

PART II THE BOARD Ontario Energy Board

4 (1) The Ontario Energy Board is continued as a corporation without share capital under the name Ontario Energy Board in English and Commission de l’énergie de l’Ontario in French. 2003, c. 3, s. 5 (2). Powers (2) The Board has the capacity and the rights, powers and privileges of a natural person for the purpose of exercising and performing its powers and duties under this or any other Act, except as otherwise provided in this Act. 2003, c. 3, s. 5 (4). Duties (3) The Board shall perform the duties assigned to it under this or any other Act. 2003, c. 3, s. 5 (4). Crown agency (4) The Board is an agent of the Crown in right of Ontario, and its powers may be exercised only as an agent of the Crown. 2003, c. 3, s. 5 (4). Composition of the Board (5) The Board shall be composed of, (a) a board of directors; (b) a chief executive officer; (c) commissioners, including a chief commissioner; a…

4.1 (1) The board of directors shall manage and supervise the management of the Board’s business and affairs, and perform such other duties as are assigned to the board of directors under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Composition (2) The board of directors shall be composed of at least five and no more than 10 members appointed by the Lieutenant Governor in Council. 2019, c. 6, Sched. 2, s. 5. Restriction on appointment (3) A person who is a person or in a class of persons prescribed by the regulations is not eligible to be appointed as a director. 2019, c. 6, Sched. 2, s. 5; 2020, c. 36, Sched. 34, s. 2. Term of initial appointment (4) The first term of office of a person who is appointed to the board of directors shall not exceed two years. 2019, c. 6, Sched. 2, s. 5. Reappointment (5) A person appointed to the board of directors may be reappointed for one or more …

4.2 (1) The board of directors shall appoint a person to the position of chief executive officer of the Board. 2019, c. 6, Sched. 2, s. 5. Duties of chief executive officer (2) The chief executive officer shall be responsible for the efficient and effective management of the operations of the Board, and shall perform such other duties as are assigned to the chief executive officer under this or any other Act. 2019, c. 6, Sched. 2, s. 5. Restriction on appointment (3) A person who is a person or in a class of persons prescribed by the regulations is not eligible to be appointed as chief executive officer. 2019, c. 6, Sched. 2, s. 5; 2020, c. 36, Sched. 34, s. 3. Not a director (4) The chief executive officer is an officer of the Board and not a member of its board of directors. 2019, c. 6, Sched. 2, s. 5. Participation (5) The chief executive officer may attend and participate at any meet…

4.3 (1) The board of directors shall, on the recommendation of the chief executive officer, appoint at least five commissioners for the hearing and determination of matters over which the Board has jurisdiction in accordance with this section. 2019, c. 6, Sched. 2, s. 5; 2021, c. 34, Sched. 18, s. 1 (1). Restriction on appointment (2) The following persons are not eligible to be appointed as a commissioner: 1. A person who has any material interest in or is a director, officer, employee or agent of, i. a market participant, ii. a generator, distributor, gas distributor, transmitter, gas transmitter, storage company, gas marketer or retailer, iii. a unit sub-meter provider, iv. the Smart Metering Entity, v. a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer, vi. an industry association that represe…

4.3.1 (1) The Market Surveillance Panel established by the board of directors of the Independent Electricity Market Operator under subsection 13 (1) of the Electricity Act, 1998 as it read on January 1, 2004 is continued as the Market Surveillance Panel of the Board. 2004, c. 23, Sched. B, s. 3. Appointment (2) The board of directors shall appoint the members of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 3; 2019, c. 6, Sched. 2, s. 28 (1). Membership (3) No person shall be appointed as a member of the Market Surveillance Panel if he or she has any material interest in a market participant or is a director, officer, employee or agent of, (a) a generator, distributor, transmitter or retailer; (b) a person who sells electricity or ancillary services through the IESO-administered markets or directly to another person who is not a consumer; (c) a market participant; (d) an indus…

4.4 (1) The Board shall establish one or more processes by which electricity consumers, distributors, generators, transmitters, any other persons who have an interest in the electricity industry and any other persons who may be prescribed by the regulations may provide advice and recommendations for consideration by the Board. 2024, c. 10, s. 2. Gas industry (2) The Board shall establish one or more processes by which gas consumers, gas distributors, gas transmitters, storage companies, any other persons who have an interest in the gas industry and any other persons who may be prescribed by the regulations may provide advice and recommendations for consideration by the Board. 2024, c. 10, s. 2. Specified persons (3) If the regulations so provide, (a) a process under subsection (1) shall include such electricity consumers, distributors, generators, transmitters, other persons who have an …

4.4.1 (1) The Board shall establish one or more processes by which the interests of electricity consumers, gas consumers and any other persons who may be prescribed by the regulations may be represented in proceedings before the Board, through advocacy and through any other modes of representation provided for by the Board. 2024, c. 10, s. 2. Specified persons (2) If the regulations so provide, a process under subsection (1) shall include such electricity consumers, gas consumers or prescribed persons as the regulations specify. 2024, c. 10, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 29, s. 8 - 04/03/2016 2024, c. 10, s. 2 - 16/05/2024

4.5 The fiscal year of the Board begins on April 1. 2003, c. 3, s. 10. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 10 - 01/08/2003

4.6 (1) Every three years beginning with the Board’s fiscal year in which subsection 7 (1) of Schedule 2 to the Fixing the Hydro Mess Act, 2019 came into force, the chair of the board of directors, on behalf of the Board, and the Minister shall, in accordance with such directives as may be issued by the Management Board of Cabinet, enter into a memorandum of understanding setting out, (a) the respective roles and responsibilities of the Minister, the chair and the board of directors; (b) the accountability relationships between the chair, the board of directors and the Minister; (c) limitations on the Board’s powers to borrow and invest; (d) the responsibility of the chair and the board of directors to provide the Minister with business plans, operational budgets and plans for proposed significant changes in the operations or activities of the Board; (e) details of any obligations that r…

4.7 (1) The board of directors shall promptly give the Minister such information about the Board’s activities, operations and financial affairs as the Minister requests. 2003, c. 3, s. 11; 2019, c. 6, Sched. 2, s. 28 (1). Examination (2) The Minister may designate a person to examine any financial or accounting procedures, activities or practices of the Board and report the results of the examination to the Minister. 2003, c. 3, s. 11. Duty to assist, etc. (3) The members and employees of the Board shall give the person designated by the Minister all the assistance and co-operation necessary to enable him or her to complete the examination. 2003, c. 3, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2019, c. 6, Sched. 2, s. 28 (1) - 01/10/2020

4.8 (1) The board of directors shall cause annual financial statements to be prepared for the Board in accordance with generally accepted accounting principles. 2019, c. 6, Sched. 2, s. 7 (1). Same (2) The financial statements must present the financial position, results of operations and changes in the financial position of the Board for its most recent fiscal year. 2003, c. 3, s. 11. Auditors (3) The board of directors shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the financial statements of the Board for each fiscal year. 2003, c. 3, s. 11; 2004, c. 8, s. 46; 2019, c. 6, Sched. 2, s. 7 (2). Auditor General (4) The Auditor General may also audit the financial statements of the Board. 2003, c. 3, s. 11; 2004, c. 17, s. 32. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2004, c. 8, s. 46 - 01/11/2005; 2004, c. 17,…

4.9 (1) The Board shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Board’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (2) The Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 33. Same (3) In addition to any content specified under clause (2) (a), the annual report shall include, (a) details of steps taken by the board of directors to simplify or streamline practices and procedures in relation to the Board’s regulatory functions; and (b) any other content the Minister requires. 2019, c. 6, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 11 - 01/08/2003 2017, c. 34, Sched. 46, s.…

4.9.1 The Minister shall table the Board’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 4.9 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 33. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 33 - 01/01/2018

4.10 (1) The board of directors may make by-laws regulating the business and affairs of the Board. 2019, c. 6, Sched. 2, s. 9. Governance and structure by-laws (2) Without limiting the generality of subsection (1), the board of directors shall ensure that the by-laws deal with matters of corporate governance and structure, including, (a) the powers, duties and functions of the members of the Board and of the officers employed by the Board, including specifying the accountability relationship of the chief commissioner to the chief executive officer and other accountability relationships; (b) the remuneration and benefits for the positions of commissioner and chief commissioner appointed by the board of directors; (c) the circumstances in which a member of the Board ceases to hold office; (d) procedures for the appointment and reappointment of the chief executive officer, the chief commiss…

4.11 The Board shall not, without the approval of the Lieutenant Governor in Council, (a) create a subsidiary; (b) purchase or sell real property; (c) borrow money, pledge, mortgage or hypothecate any of its property, or create or grant a security interest in any of its property; (d) enter into a contract of a class prescribed by the regulations; or (e) exercise other rights, powers or privileges under subsection 4 (2) that are prescribed by the regulations. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003

4.12 (1) The Minister of Finance, on behalf of Ontario, may purchase securities of or make loans to the Board in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient. 2003, c. 3, s. 12. Same (2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1). 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003

4.13 (1) Despite Part I of the Financial Administration Act and subject to subsection 26.1 (5), revenue from the exercise of a power conferred or the discharge of a duty imposed on the Board or the board of directors under this or any other Act, and the investments held by the Board, do not form part of the Consolidated Revenue Fund and, subject to this section, shall be applied to carrying out the powers conferred and duties imposed on the Board under this or any other Act. 2003, c. 3, s. 12; 2009, c. 12, Sched. D, s. 5; 2019, c. 6, Sched. 2, s. 28. Same (2) The revenue referred to in subsection (1) includes the following: 1. Fees payable under section 12.1. 2. Assessments payable under section 26. 3. Costs payable to the Board under section 30. 4. Administrative penalties payable under section 112.5. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 0…

4.14 The Board may collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act for the purpose of carrying out its duties and exercising its powers under this or any other Act. 2003, c. 3, s. 12. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003

4.15 The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply with respect to the Board. 2003, c. 3, s. 12; 2017, c. 20, Sched. 8, s. 109. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 12 - 01/08/2003 2017, c. 20, Sched. 8, s. 109 - 19/10/2021

4.16 (1) Repealed: 2006, c. 35, Sched. C, s. 98. Not employees (2) The members of the board of directors are not its employees, and shall not hold any other office in the Board or be employed by it in any other capacity. 2019, c. 6, Sched. 2, s. 10 (1). Conflict of interest, indemnification (3) Sections 132 (conflict of interest) and 136 (indemnification) of the Business Corporations Act apply with necessary modifications with respect to the Board as if the Minister were its sole shareholder and, for the purposes of section 136 of that Act, commissioners including the chief commissioner are deemed to be a director or officer of the Board. 2003, c. 3, s. 12; 2019, c. 6, Sched. 2, s. 10 (2). Agreement for services (4) The Board and a ministry of the Crown may enter into agreements for the provision by employees of the Crown of any service required by the Board to carry out its duties and p…

5 The chief executive officer shall appoint a registrar of the Board from among the Board’s employees. 2019, c. 6, Sched. 2, s. 11. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 13 - 01/08/2003 2019, c. 6, Sched. 2, s. 11 - 01/10/2020

6 (1) Subject to the by-laws made under section 4.10 and to the approval of the chief executive officer, the chief commissioner may in writing delegate any power or duty of the Board that may be exercised or shall be performed under subsection 4.3 (8) to an employee of the Board who is not a member of the Board. 2019, c. 6, Sched. 2, s. 12 (1). Exceptions (2) Subsection (1) does not apply to the following powers and duties: 1. Hearing and determining an appeal under section 7 or a review under section 8. 2. The power to make an order against a person under section 112.3, 112.4 or 112.5, if the person gives notice requiring the Board to hold a hearing under section 112.2. 3. A power or duty prescribed by the regulations. 2019, c. 6, Sched. 2, s. 12 (1). Conditions and restrictions (3) A delegation under this section is subject to such conditions and restrictions as the chief commissioner …

7 (1) A person directly affected by an order made by an employee of the Board pursuant to section 6 may, within 15 days after receiving notice of the order, appeal the order to the Board. 2003, c. 3, s. 13. Exception (2) Subsection (1) does not apply to, (a) a person who did not make submissions to the employee after being given notice of the opportunity to do so; or (b) a person who did not give notice requiring the Board to hold a hearing under section 112.2, in the case of an order made by the employee under section 112.3, 112.4 or 112.5. 2003, c. 3, s. 13. Parties (3) The parties to the appeal are: 1. The appellant. 2. The applicant, if the order is made in a proceeding commenced by an application. 3. The employee who made the order. 4. Any other person added as a party by the Board. 2003, c. 3, s. 13. Powers of Board (4) The Board may confirm, vary or cancel the order. 2003, c. 3, s…

8 (1) The chief commissioner may, on his or her own motion, within 15 days after the making of an order by an employee of the Board pursuant to section 6, direct the Board to review the order. 2003, c. 3, s. 13; 2019, c. 6, Sched. 2, s. 13. Parties (2) The parties to the review are: 1. Every person directly affected by the order, including, if the order is made in a proceeding commenced by an application, the applicant. 2. The employee who made the order. 3. Any other person added as a party by the Board. 2003, c. 3, s. 13. Exception (3) Despite paragraph 1 of subsection (2), a person is not a party to the review if the person did not make submissions to the employee after being given notice of the opportunity to do so. 2003, c. 3, s. 13. Application of subss. 7 (4) and (5) (4) Subsections 7 (4) and (5) apply, with necessary modifications, to a review under this section. 2003, c. 3, s. 1…

9 The registrar of the Board and an inspector appointed under section 106 has, in carrying out his or her duties under this Act, the same powers as a commissioner for taking affidavits in Ontario. 2003, c. 3, s. 14; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 14 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020

10 Members of the Board and employees of the Board are not required to give testimony in any civil proceeding with regard to information obtained in the discharge of their official duties. 1998, c. 15, Sched. B, s. 10.

11 (1) No action or other civil proceeding shall be commenced against any of the following persons for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under any Act or regulation or for any neglect or default in the exercise or performance in good faith of such a power or duty: 1. A member of the Board. 2. An officer, employee or agent of the Board. 3. A member of the Market Surveillance Panel. 4. An officer, employee or agent of the IESO acting on behalf of the Market Surveillance Panel. 2004, c. 23, Sched. B, s. 6. Same (2) A member of the Board is not liable for an act, an omission, an obligation or a liability of the Board or its employees. 2003, c. 3, s. 15. Crown liability (3) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsections (1) and (2) do not relieve the Crown of any liabilit…

12 (1)-(3) Repealed: 2003, c. 3, s. 16. Inspection (4) The Board shall make all licences available for public inspection during normal business hours. 1998, c. 15, Sched. B, s. 12 (4). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 16 - 01/08/2003

12.1 (1) The chief executive officer may set and charge fees for copies of Board orders, decisions, reasons, reports, recordings or other documents or things, including documents certified by a commissioner or the registrar of the Board. 2019, c. 6, Sched. 2, s. 14 (1). Application and other fees (2) The board of directors may set and charge licence fees, application fees and other fees relating to an application or appeal to the Board. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Classes (3) The board of directors may establish different fees for different classes of persons and for different types of proceedings and types of licences. 2003, c. 3, s. 17; 2019, c. 6, Sched. 2, s. 14 (2). Mandatory fees re gas marketers and retailers of electricity (4) The board of directors shall, as of the time or times prescribed by regulation, set and charge fees for the licensing of gas market…

13 The chief executive officer may, (a) establish forms and require their use in connection with any matter relating to the Board; or (b) approve forms or the content of the forms and require that any application, appeal or information submitted to the Board be in the approved form. 2003, c. 3, s. 18; 2019, c. 6, Sched. 2, s. 15. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 18 - 01/08/2003 2019, c. 6, Sched. 2, s. 15 - 01/10/2020

13.1 (1) The chief executive officer may issue policies to commissioners and employees of the Board respecting any of the following matters: 1. Timelines for conducting a hearing. 2. Timelines for making a determination, if it is being made by an employee exercising a power or performing a duty delegated to the employee under section 6. 3. Requirements respecting information or documents to be considered in conducting a hearing or making a determination. 4. Any other matter prescribed by the regulations. 2025, c. 22, Sched. 3, s. 6. Limitation (2) Nothing in subsection (1) authorizes the chief executive officer to issue a policy that conflicts with this Act, the regulations or any other instrument made under this Act, any other Act or regulation, or the rules made by the Board under section 25.1 of the Statutory Powers Procedure Act. 2025, c. 22, Sched. 3, s. 6. Effect of non-compliance …

14 The Board may appoint persons having technical or special knowledge to assist the Board. 1998, c. 15, Sched. B, s. 14.

15 (1) All orders made and licences issued by the Board shall be signed by a commissioner or the registrar of the Board. 2003, c. 3, s. 19; 2019, c. 6, Sched. 2, s. 16 (1). Same (2) Despite subsection (1), an order made or licence issued by the Board pursuant to section 6 may be signed by the employee who made the order or issued the licence. 2003, c. 3, s. 19. Judicial notice (3) An order or licence that purports to be signed by a person referred to in subsection (1) or (2) shall be judicially noticed without further proof. 2003, c. 3, s. 19. Legislation Act, 2006, Part III (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to the orders made or licences issued by the Board. 2003, c. 3, s. 19; 2006, c. 21, Sched. F, s. 136 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 15 (4) of the Act is repealed. (See: 2019, c. 6, Sched. 2, …

16 Repealed: 2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 19 - 01/08/2003

17 Repealed: 2003, c. 3, s. 19. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 2 (1) - 06/12/2000 2002, c. 1, Sched. B, s. 2 (1, 2) - 01/07/2002 2003, c. 3, s. 19 - 01/08/2003

18 (1) No authority given by the Board under this or any other Act shall be transferred or assigned without leave of the Board. 1998, c. 15, Sched. B, s. 18 (1). Same (2) A licence issued under this Act is not transferable or assignable without leave of the Board. 1998, c. 15, Sched. B, s. 18 (2). Board’s powers, general

19 (1) The Board has in all matters within its jurisdiction authority to hear and determine all questions of law and of fact. 1998, c. 15, Sched. B, s. 19 (1). Order (2) The Board shall make any determination in a proceeding by order. 1998, c. 15, Sched. B, s. 19 (2); 2001, c. 9, Sched. F, s. 2 (1). Reference (3) If a proceeding before the Board is commenced by a reference to the Board by the Minister of Natural Resources, the Board shall proceed in accordance with the reference. 1998, c. 15, Sched. B, s. 19 (3). Additional powers and duties (4) The Board of its own motion may, and if so directed by the Minister under section 28 or 28.8 or otherwise under this or any other Act shall, determine any matter that under this Act or the regulations it may upon an application determine and in so doing the Board has and may exercise the same powers as upon an application. 1998, c. 15, Sched. B, …

20 Subject to any provision to the contrary in this or any other Act, the powers and procedures of the Board set out in this Part apply to all matters before the Board under this or any other Act. 1998, c. 15, Sched. B, s. 20.

21 (1) The Board may at any time on its own motion and without a hearing give directions or require the preparation of evidence incidental to the exercise of the powers conferred upon the Board by this or any other Act. 1998, c. 15, Sched. B, s. 21 (1). Hearing upon notice (2) Subject to any provision to the contrary under this or any other Act, the Board shall not make an order under this or any other Act until it has held a hearing after giving notice in such manner and to such persons as the Board may direct. 1998, c. 15, Sched. B, s. 21 (2); 2021, c. 2, Sched. 2, s. 1. (3) Repealed: 2000, c. 26, Sched. D, s. 2 (2). No hearing (4) Despite section 4.1 of the Statutory Powers Procedure Act, the Board may, in addition to its power under that section, dispose of a proceeding without a hearing if, (a) no person requests a hearing within a reasonable time set by the Board after the Board gi…

21.1 (1) None of the following prevent the exercise by the Board of any jurisdiction conferred by this or any other Act with respect to a regulated utility: 1. The fact that a liquidator, receiver, manager or other official of the regulated utility has been appointed by a court in Ontario. 2. The fact that a writ of sequestration has been issued in Ontario with respect to the regulated utility. 3. The fact that a person is managing or operating the regulated utility under the authority of a court in Ontario. 2017, c. 2, Sched. 10, s. 2 (2). Obligations of liquidators, etc. (2) A regulated utility interim official shall manage and operate the regulated utility in accordance with, (a) this Act; (b) any other Act, to the extent that it confers jurisdiction on the Board; (c) any applicable licence, order or direction issued by the Board under this Act or an Act referred to in clause (b); (d)…

22 Repealed: 2021, c. 4, Sched. 6, s. 73 (1). Section Amendments with date in force (d/m/y) 2019, c. 6, Sched. 2, s. 17 (1, 2) - 01/10/2020 2021, c. 4, Sched. 6, s. 73 (1) - 01/06/2021

22.1 (1) The Board shall issue an order that embodies its final decision in a proceeding within 60 days after making the final decision. 2003, c. 3, s. 21. Validity of decision not affected (2) Failure to comply with subsection (1) does not affect the validity of the Board’s decision. 2003, c. 3, s. 21. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 21 - 01/08/2003

23 (1) The Board in making an order may impose such conditions as it considers proper, and an order may be general or particular in its application. 1998, c. 15, Sched. B, s. 23. (2) Repealed: 2003, c. 3, s. 22. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 4 - 27/06/2002 2003, c. 3, s. 22 - 01/08/2003

24 All written reasons of the Board shall be kept by the registrar and be made available to any person upon payment of the required fee. 1998, c. 15, Sched. B, s. 24; 2003, c. 3, s. 23; 2019, c. 6, Sched. 2, s. 29. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 23 - 01/08/2003 2019, c. 6, Sched. 2, s. 29 - 01/10/2020

25 An order of the Board is a good and sufficient defence to any proceeding brought or taken against any person in so far as the act or omission that is the subject of the proceeding is in accordance with the order. 1998, c. 15, Sched. B, s. 25.

26 (1) Subject to the regulations, the board of directors may assess those persons or classes of persons prescribed by regulation with respect to all expenses incurred and expenditures made by the Board in the exercise of any powers or duties under this or any other Act. 1998, c. 15, Sched. B, s. 26 (1) ; 2003, c. 3, s. 24; 2019, c. 6, Sched. 2, s. 28 (1). Obligation to pay assessment (2) Every person assessed under subsection (1) shall pay the amount assessed. 1998, c. 15, Sched. B, s. 26 (2). Order to pay assessment (3) If a person fails to pay an assessment made under subsection (1), the Board may, without a hearing, order that person to pay the assessment. 1998, c. 15, Sched. B, s. 26 (3). Failure to pay (4) If a licensee fails to pay an assessment in accordance with the order, the Board, without a hearing, may suspend or cancel that person’s licence. 1998, c. 15, Sched. B, s. 26 (4)…

26.1 (1) Subject to the regulations, the Board shall assess the following persons or classes of persons, as prescribed by regulation, with respect to the expenses incurred and expenditures made by the Ministry of Energy in respect of its energy conservation programs or renewable energy programs provided under this Act, the Ministry of Energy Act, 2011 or any other Act: 1. In respect of consumers in their service areas, gas distributors and licensed distributors. 2. The IESO. 3. Any other person prescribed by regulation. 2009, c. 12, Sched. D, s. 6; 2011, c. 9, Sched. 27, s. 34 (2); 2018, c. 16, s. 7 (2). Assessments, collection by gas distributors and licensed distributors (2) Gas distributors and licensed distributors may collect the amounts assessed under subsection (1) from the consumers or classes of consumers as are prescribed by regulation and in the manner prescribed by regulation…

26.2 (1) For the purpose of the Financial Administration Act, all amounts collected under section 26.1 relating to assessments paid shall be deemed to be money paid to Ontario for the special purposes set out in subsection (2). 2009, c. 12, Sched. D, s. 6. Same (2) The following are the special purposes for which amounts collected under section 26.1 relating to assessments are paid to Ontario: 1. To fund conservation or renewable energy programs aimed at decreasing the consumption of two or more of the following fuels: i. natural gas, ii. electricity, iii. propane, iv. oil, v. coal, and vi. wood. 2. To fund conservation or renewable energy programs aimed at causing consumers of fuel to change from one or more of the fuels listed in paragraph 1 to any other fuel or fuels listed in that paragraph. 3. To fund conservation or renewable energy programs aimed at decreasing peak electricity dem…

27 (1) The Minister may issue, and the Board shall implement, policy directives that have been approved by the Lieutenant Governor in Council concerning general policy and the objectives to be pursued by the Board. 1998, c. 15, Sched. B, s. 27 (1). Publication (2) A policy directive issued under this section shall be published in The Ontario Gazette. 1998, c. 15, Sched. B, s. 27 (2).

27.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directives to promote energy conservation, energy efficiency, load management or the use of cleaner energy sources, including alternative and renewable energy sources. 2002, c. 23, s. 4 (4). Publication (2) A directive issued under this section shall be published in The Ontario Gazette. 2002, c. 23, s. 4 (4). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (4) - 09/12/2002

27.2 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board to take steps specified in the directive to establish conservation and demand management targets to be met by distributors and other licensees. 2009, c. 12, Sched. D, s. 7. Directives, specified targets (2) To promote conservation and demand management, a directive may require the Board to specify, as a condition of a licence, the conservation targets associated with those specified in the directive, and the targets shall be apportioned by the Board between distributors and other licensees in accordance with the directive. 2009, c. 12, Sched. D, s. 7. Same (3) A directive made under subsection (2) may require the IESO to provide information to the Board or to the Ministry about the conservation targets referred to in subsection (2…

28 (1) In order to address the abuse or possible abuse of market power in the electricity sector, the Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council concerning market rules made under section 32 of the Electricity Act, 1998 and existing or proposed licence conditions. 1998, c. 15, Sched. B, s. 28 (1). Hearing (2) A directive issued under subsection (1) may require the Board to hold a hearing or not to hold a hearing. 1998, c. 15, Sched. B, s. 28 (2).

28.1 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council that require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the directive issued to the Board pursuant to an order of the Lieutenant Governor in Council that was dated March 24, 1999 and is available on request from the Minister. 2002, c. 23, s. 4 (5). No hearing (2) The Board shall amend the conditions as required by a directive without holding a hearing. 2002, c. 23, s. 4 (5). Section Amendments with date in force (d/m/y) 2002, c. 23, s. 4 (5) - 09/12/2002

28.2 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council directing the Board to take such steps or develop such processes as may be required by the directive to address risks or liabilities associated with customer billing and payment cycles in respect of the cost of electricity at the retail and at the wholesale levels and risks or liabilities associated with non-payment or default by a consumer or retailer. 2004, c. 23, Sched. B, s. 7. Section Amendments with date in force (d/m/y) 2004, c. 23, Sched. B, s. 7 - 20/12/2004

28.3 (1) The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council relating to the government’s smart metering initiative. 2006, c. 3, Sched. C, s. 2. Directives re licence conditions (2) The directives may require the Board, in the manner specified in the directives, to amend conditions in licences issued by the Board that relate to the Smart Metering Entity, distributors, retailers and transmitters or licences issued pursuant to section 57, including the following: 1. Conditions granting the exclusive right to the Smart Metering Entity to carry out any or all of its objects set out in section 53.8 of the Electricity Act, 1998. 2. Conditions granting the exclusive right to store information and data derived from smart meters to the Smart Metering Entity, including conditions in respect of the manner in which the information and data…

28.4 The Minister may issue, and the Board shall implement, directives approved by the Lieutenant Governor in Council in respect of the regulatory and accounting treatment of costs in orders made under section 78 and associated with meters owned before January 1, 2006 to ensure that distributors, transmitters, retailers or other persons are not financially disadvantaged by the implementation of the smart metering initiative. 2006, c. 3, Sched. C, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 3, Sched. C, s. 2 - 03/05/2006

28.5 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the establishment, implementation or promotion of a smart grid for Ontario. 2009, c. 12, Sched. D, s. 8. Hearings (2) A directive may specify whether the Board is to hold a hearing and the circumstances under which a hearing may or may not be held. 2009, c. 12, Sched. D, s. 8. Publication (3) A directive issued under this section shall be published in The Ontario Gazette. 2009, c. 12, Sched. D, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. D, s. 8 - 09/09/2009

28.6 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the connection of renewable energy generation facilities to a transmitter’s transmission system or a distributor’s distribution system. 2009, c. 12, Sched. D, s. 8. Directives, transmission and distribution systems (2) A directive issued under subsection (1) may require the Board to amend the licence conditions of distributors, transmitters and other licensees to take the actions specified in the directive in relation to their transmission systems, distribution systems or other associated systems, including enhancing, re-enforcing or expanding their transmission systems, distribution systems or other associated systems. 2009, c. 12, Sched. D, s. 8; 2016, c. 10, Sched. 2, s. 13. Heari…

28.6.1 (1) The Minister may issue, and the Board shall implement directives, approved by the Lieutenant Governor in Council, requiring the Board to take such steps as are specified in the directive relating to the construction, expansion or re-enforcement of transmission systems. 2016, c. 10, Sched. 2, s. 14. Same (2) Subsections 28.6 (2) and (3) apply with necessary modifications in respect of directives issued under subsection (1). 2016, c. 10, Sched. 2, s. 14. Section Amendments with date in force (d/m/y) 2016, c. 10, Sched. 2, s. 14 - 01/07/2016

28.7 (1) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council in relation to the marketing of gas and the retailing of electricity in Ontario. 2010, c. 8, s. 38 (3). Same (2) A directive issued under subsection (1) may require the Board to take steps specified in the directive to promote fairness, efficiency and transparency in the retail market for gas and for electricity in Ontario or in respect of any activity associated with the marketing of gas or the retailing of electricity within Ontario. 2010, c. 8, s. 38 (3). Same (3) A directive may require the Board to amend licences referred to in section 48 in respect of gas marketers or under section 57 in respect of retailers of electricity and may require the Board to amend all licences so issued or to amend specific licences of specified licensees. 2010, c. 8, s.…

28.8 (1) In this section, “ongoing proceeding” means, in respect of a proceeding before the Board, a proceeding in which the Board has not yet made a final order. 2024, c. 10, s. 4. Same (2) The Minister may issue, and the Board shall implement, directives that have been approved by the Lieutenant Governor in Council requiring the Board to hold a generic hearing to determine any matter respecting natural gas or electricity over which it has jurisdiction that the directives specify. 2024, c. 10, s. 4. Same (3) A directive issued under subsection (2) may specify, (a) timelines for conducting the hearing; (b) the manner in which the hearing may or must be conducted; (c) matters, information or documents, including documents written or issued by the Government or by a minister or ministry of the Crown, that the Board must consider in conducting the hearing and making its determination; and (…

29 (1) On an application or in a proceeding, the Board shall make a determination to refrain, in whole or part, from exercising any power or performing any duty under this Act if it finds as a question of fact that a licensee, person, product, class of products, service or class of services is or will be subject to competition sufficient to protect the public interest. 1998, c. 15, Sched. B, s. 29 (1). Scope (2) Subsection (1) applies to the exercise of any power or the performance of any duty of the Board in relation to, (a) any matter before the Board; (b) any licensee; (c) any person who is subject to this Act; (d) any person selling, transmitting, distributing or storing gas; or (e) any product or class of products supplied or service or class of services rendered within the province by a licensee or a person who is subject to this Act. 1998, c. 15, Sched. B, s. 29 (2). Where determi…

30 (1) The Board may order a person to pay all or part of a person’s costs of participating in a proceeding before the Board, a notice and comment process under section 45 or 70.2 or any other consultation process initiated by the Board. 2004, c. 23, Sched. B, s. 8. Same (2) The Board may make an interim or final order that provides, (a) by whom and to whom any costs are to be paid; (b) the amount of any costs to be paid or by whom any costs are to be assessed and allowed; and (c) when any costs are to be paid. 2003, c. 3, s. 25 (1). Rules (3) The rules governing practice and procedure that are made under section 25.1 of the Statutory Powers Procedure Act may prescribe a scale under which costs shall be assessed. 2003, c. 3, s. 25 (1). Inclusion of Board costs (4) The costs may include the costs of the Board, regard being had to the time and expenses of the Board. 1998, c. 15, Sched. B, …

31 (1) Repealed: 2002, c. 1, Sched. B, s. 5. (2) Repealed: 2003, c. 3, s. 26. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. B, s. 5 - 27/06/2002 2003, c. 3, s. 26 - 01/08/2003

32 (1) The Board may, at the request of the Lieutenant Governor in Council or of its own motion or upon the motion of any party to proceedings before the Board and upon such security being given as it directs, state a case in writing for the opinion of the Divisional Court upon any question that is a question of law within the jurisdiction of the Board. 1998, c. 15, Sched. B, s. 32 (1); 2003, c. 3, s. 27. Same (2) The Divisional Court shall hear and determine the stated case and remit it to the Board with its opinion. 1998, c. 15, Sched. B, s. 32 (2). Section Amendments with date in force (d/m/y) 2003, c. 3, s. 27 - 01/08/2003

33 (1) An appeal lies to the Divisional Court from, (a) an order of the Board; (b) the making of a rule under section 44; or (c) the issuance of a code under section 70.1. 2003, c. 3, s. 28 (1). Nature of appeal, timing (2) An appeal may be made only upon a question of law or jurisdiction and must be commenced not later than 30 days after the making of the order or rule or the issuance of the code. 1998, c. 15, Sched. B, s. 33 (2); 2003, c. 3, s. 28 (2). Board may be heard (3) The Board is entitled to be heard by counsel upon the argument of an appeal. 1998, c. 15, Sched. B, s. 33 (3). Board to act on court’s opinion (4) The Divisional Court shall certify its opinion to the Board and the Board shall make an order in accordance with the opinion, but the order shall not be retroactive in its effect. 1998, c. 15, Sched. B, s. 33 (4). Board not liable for costs (5) The Board, or any member o…

34 (1) In this section, “old section 34” means this section as it read immediately before the day the Good Government Act, 2009 received Royal Assent. 2009, c. 33, Sched. 2, s. 51 (2). Not subject to petition (2) Every order, rule or code of the Board that is the subject of a petition filed under the old section 34 that is not disposed of or withdrawn before the day the Good Government Act, 2009 receives Royal Assent is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered or continue to be considered, as the case may be, by the Lieutenant Governor in Council. 2009, c. 33, Sched. 2, s. 51 (2). Same (3) Every order, rule or code of the Board that may be the subject of a petition under the old section 34 is deemed not to be subject to petition to the Lieutenant Governor in Council, and shall not be considered by the Lieutenant Governor in C…

35 The Minister may require the Board to examine, report and advise on any question respecting energy. 1998, c. 15, Sched. B, s. 35.

PART III GAS REGULATION

36 (1) No gas transmitter, gas distributor or storage company shall sell gas or charge for the transmission, distribution or storage of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 1998, c. 15, Sched. B, s. 36 (1). Order of Board re Smart Metering Entity (1.1) Neither the Smart Metering Entity nor any other person licensed to do so shall conduct activities relating to the metering of gas except in accordance with an order of the Board, which is not bound by the terms of any contract. 2006, c. 3, Sched. C, s. 3. Order re: rates (2) The Board may make orders approving or fixing just and reasonable rates for the sale of gas by gas transmitters, gas distributors and storage companies, and for the transmission, distribution and storage of gas. 1998, c. 15, Sched. B, s. 36 (2). Power of Board (3) In approving or fixing just and reasonabl…

36.0.1 (1) In this section, “consumer” means a person who uses natural gas in Ontario for the person’s own consumption; (“consommateur”) “natural gas distribution system” means a system for distributing natural gas in Ontario by hydrocarbon line, as defined in Part VI, and includes any structures, equipment or other things used for that purpose; (“réseau de distribution de gaz naturel”) “revenue horizon” means the number of years of presumed revenue that is used for the purposes of section 36 in determining, (a) the economic feasibility of, (i) a new consumer connection to the natural gas distribution system, or (ii) an increase in the capacity of the natural gas distribution system, and (b) the amount, if any, of a contribution in aid of construction required from a consumer in relation to a connection or increase described in clause (a). (“horizon de revenu”) 2024, c. 10, s. 5 (1). Man…

36.1 (1) The Board may by order, (a) designate an area as a gas storage area for the purposes of this Act; or (b) amend or revoke a designation made under clause (a). 2001, c. 9, Sched. F, s. 2 (2). Transition (2) Every area that was designated by regulation as a gas storage area on the day before this section came into force shall be deemed to have been designated under clause (1) (a) as a gas storage area on the day the regulation came into force. 2001, c. 9, Sched. F, s. 2 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (2) - 08/08/2001 Rate protection — expansion of natural gas distribution systems

36.2 (1) In this section, “qualifying investment” means an investment that satisfies the prescribed criteria. 2018, c. 15, s. 1. Board to provide rate protection (2) The Board, in approving just and reasonable rates for a gas distributor, shall provide rate protection for consumers or prescribed classes of consumers with respect to costs incurred by the gas distributor in making a qualifying investment for the purpose of providing access to a natural gas distribution system to those consumers by reducing the rates that would otherwise apply in accordance with the prescribed rules. 2018, c. 15, s. 1. Compensation (3) A gas distributor is entitled to be compensated for lost revenue resulting from the rate reduction provided under subsection (2). 2018, c. 15, s. 1. Liability (4) All consumers, or such classes of consumers as are prescribed, are required, in accordance with the regulations, …

37 No person shall inject gas for storage into a geological formation unless the geological formation is within a designated gas storage area and unless, in the case of gas storage areas designated after January 31, 1962, authorization to do so has been obtained under section 38 or its predecessor. 1998, c. 15, Sched. B, s. 37; 2001, c. 9, Sched. F, s. 2 (3). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. F, s. 2 (3) - 08/08/2001

38 (1) The Board by order may authorize a person to inject gas into, store gas in and remove gas from a designated gas storage area, and to enter into and upon the land in the area and use the land for that purpose. 1998, c. 15, Sched. B, s. 38 (1). Right to compensation (2) Subject to any agreement with respect thereto, the person authorized by an order under subsection (1), (a) shall make to the owners of any gas or oil rights or of any right to store gas in the area just and equitable compensation in respect of the gas or oil rights or the right to store gas; and (b) shall make to the owner of any land in the area just and equitable compensation for any damage necessarily resulting from the exercise of the authority given by the order. 1998, c. 15, Sched. B, s. 38 (2). Determination of amount of compensation (3) No action or other proceeding lies in respect of compensation payable und…

39 (1) Upon the application of a gas transmitter or gas distributor, the Board by order may direct a storage company having storage capacity and facilities that are not in full use to provide all or part of the storage capacity and facilities for the applicant upon such conditions as may be determined by the Board. 1998, c. 15, Sched. B, s. 39 (1). Gas storage agreements to be approved (2) No storage company shall enter into an agreement or renew an agreement with any person for the storage of gas unless the Board, with or without a hearing has approved, (a) the parties to the agreement or renewal; (b) the period for which the agreement or renewal is to be in operation; and (c) the storage that is the subject of the agreement or renewal. 1998, c. 15, Sched. B, s. 39 (2).

40 (1) The Minister of Natural Resources shall refer to the Board every application for the granting of a licence relating to a well in a designated gas storage area, and the Board shall report to the Minister of Natural Resources on it. 1998, c. 15, Sched. B, s. 40 (1). Hearing (2) The Board may hold a hearing before reporting to the Minister if the applicant does not have authority to store gas in the area or, in the Board’s opinion, the special circumstances of the case require a hearing. 1998, c. 15, Sched. B, s. 40 (2). Copy of report to be sent to parties (3) The Board shall send to each of the parties a copy of its report to the Minister made under subsection (1) within 10 days after submitting it to the Minister and such report shall be deemed to be an order of the Board within the meaning of section 34. 1998, c. 15, Sched. B, s. 40 (3). Minister’s decision (4) The Minister of Na…

41 The Board by order may allocate a just and equitable share of the market demands for gas or oil to the several sources from which the gas or oil is produced and to the several interests within a field or pool. 1998, c. 15, Sched. B, s. 41. Duties of gas transmitters and distributors

42 (1) Subject to the Technical Standards and Safety Act, 2000 and the regulations made under that Act, and in the absence of an agreement to the contrary between the parties affected, no gas transmitter shall voluntarily discontinue transmitting gas to a gas distributor without leave of the Board. 1998, c. 15, Sched. B, s. 42 (1); 2002, c. 17, Sched. F, Table; 2003, c. 3, s. 32. Duty of gas distributor (2) Subject to the Public Utilities Act, the Technical Standards and Safety Act, 2000 and the regulations made under the latter Act, sections 80, 81, 82 and 83 of the Municipal Act, 2001 and sections 64, 65, 66 and 67 of the City of Toronto Act, 2006, a gas distributor shall provide gas distribution services to any building along the line of any of the gas distributor’s distribution pipe lines upon the request in writing of the owner, occupant or other person in charge of the building. 20…

43 (1) No gas transmitter, gas distributor or storage company, without first obtaining from the Board an order granting leave, shall, (a) sell, lease or otherwise dispose of its gas transmission, gas distribution or gas storage system as an entirety or substantially as an entirety; (b) sell, lease or otherwise dispose of that part of a system described in paragraph (a) that is necessary in serving the public; or (c) amalgamate with any other corporation. 1998, c. 15, Sched. B, s. 43 (1). Same (1.1) Subsection (1) does not apply with respect to a disposition of securities of a gas transmitter, gas distributor or storage company, or of a corporation that owns securities in a gas transmitter, gas distributor or storage company. 2003, c. 3, s. 33. Acquisition of share control (2) No person, without first obtaining an order from the Board granting leave, shall, (a) acquire such number of voti…

43.1 (1) No gas transmitter, gas distributor or storage company that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is, or that beneficially owns or controls, a supplier of the good or service, as determined in the regulations. 2025, c. 22, Sched. 3, s. 12 (3). Same, subsidiaries (2) No gas transmitter, gas distributor or storage company subsidiary that is prescribed by the regulations shall procure a good or service that meets the conditions prescribed by the regulations respecting, (a) its country, region or territory of origin, as determined in the regulations; or (b) the country, region or territory of origin of the person or entity that is,…

44 (1) The chief executive officer may make rules, (a) governing the conduct of a gas transmitter, gas distributor or storage company as such conduct relates to its affiliates; (b) governing the conduct of a gas distributor as such conduct relates to any person, (i) selling or offering to sell gas to a consumer, (ii) acting as agent or broker for a seller of gas to a consumer, or (iii) acting or offering to act as the agent or broker of a consumer in the purchase of gas; (b.1) subject to subsections 42 (5) to (14), governing the conduct of a gas distributor as the conduct relates to, (i) stopping the distribution of gas to a property, including the manner in which and the time within which the distribution stops or is to stop, and, with respect to a low-volume consumer as defined in section 47, periods during which the distribution may not be stopped, (ii) the manner, timing and form in …

45 (1) The chief executive officer shall ensure that notice of every rule he or she proposes to make under section 44 is given in the manner and to the persons that the chief executive officer considers appropriate. 2019, c. 6, Sched. 2, s. 19 (1). Content of notice (2) The notice must include, (a) the proposed rule or a summary of the proposed rule; (b) a concise statement of the purpose of the proposed rule; (c) an invitation to make written representations with respect to the proposed rule; (d) the time limit for making written representations; (e) if a summary is provided, information about how the entire text of the proposed rule may be obtained; and (f) a description of the anticipated costs and benefits of the proposed rule. 1998, c. 15, Sched. B, s. 45 (2). Opportunity for comment (3) On giving notice under subsection (1), the chief executive officer shall give a reasonable oppor…

46 (1) A rule comes into force on the day specified in the rule. 1998, c. 15, Sched. B, s. 46 (1). Publication (2) The Board shall publish every rule that comes into force in The Ontario Gazette as soon after the rule is made as practicable. 1998, c. 15, Sched. B, s. 46 (2). Effect of non-publication (3) A rule that is not published is not effective against a person who has not had actual notice of it. 1998, c. 15, Sched. B, s. 46 (3). Effect of publication (4) Publication of a rule in The Ontario Gazette, (a) is, in the absence of evidence to the contrary, proof of its text and of its making; and (b) shall be deemed to be notice of its contents to every person subject to it or affected by it. 1998, c. 15, Sched. B, s. 46 (4). Judicial notice (5) If a rule is published in The Ontario Gazette, judicial notice shall be taken of it, of its content and of its publication. 1998, c. 15, Sched.…

PART IV GAS MARKETING

47 In this Part, “gas marketer” means a person who, (a) sells or offers to sell gas to a low-volume consumer, (b) acts as the agent or broker for a seller of gas to a low-volume consumer, or (c) acts or offers to act as the agent or broker of a low-volume consumer in the purchase of gas, and “gas marketing” has a corresponding meaning; (“agent de commercialisation de gaz”, “commercialisation de gaz”) “low-volume consumer” means a person who annually uses less than the amount of gas prescribed by regulation. (“petit consommateur”) 1998, c. 15, Sched. B, s. 47.

48 (1) No person shall carry on business as a gas marketer unless the person holds a gas marketer’s licence. 1998, c. 15, Sched. B, s. 48 (1). Restriction on name use (2) A gas marketer shall not carry on business in a name other than the name in which it is licensed unless authorized to do so in the licence. 1998, c. 15, Sched. B, s. 48 (2). Exclusion (3) This section does not apply to, (a) a gas distributor acting in accordance with an order of the Board including an order made under section 57.1; or (b) a gas distributor to whom section 36 does not apply pursuant to an exemption set out in the regulations. 2003, c. 3, s. 36; 2023, c. 9, Sched. 24, s. 2. Section Amendments with date in force (d/m/y) 2003, c. 3, s. 36 - 01/08/2003 2023, c. 9, Sched. 24, s. 2 - 08/06/2023